Pruitt et al.: A Study of Criminal Legal Systems in Rural Washington

In Legal Deserts and Spatial Injustice: A Study of Criminal Legal Systems in Rural Washington, authors Lisa R. Pruitt (University of California Davis Law), Jennifer Sherman, and Jennifer Schwartz (both Sociology, Washington State) delve into the criminal legal systems across several rural counties in eastern and central Washington to understand the problems these communities face and their impact on legal representation for indigent defendants.

Many states across the US contain “legal deserts,” a term for areas, often rural, experiencing an attorney shortage. This is the case for counties in rural Washington, which are simultaneously experiencing increasing incarceration rates. The authors break down the criminal legal systems in these rural counties by discussing the demographics of these areas, the underlying development of legal deserts, how this impacts indigent defense services, and the broader operation of judicial systems in these areas. They also present potential solutions.

Using empirical data on the operations of these rural legal systems, as well as qualitative research by speaking with stakeholders, the authors highlight significant gaps in the provision of criminal legal services in rural Washington. These services are particularly important because indigent criminal defendants have a constitutional right to legal representation.

This data reveals that the shortage of prosecutors and defense lawyers is created by lack of available county funds, few lawyers living in high-need rural areas, and high turnover rates for attorneys frustrated with lack of funding and high caseloads. The struggle to hire and keep attorneys who have the resources to adequately provide services has led to indigent defendants who have almost no contact with their attorneys and remain in jail longer than their urban counterparts. Their study also found that people of color are disproportionately involved in rural legal systems relative to their share of the population.

The authors suggest targeted reforms to address the rural legal system crisis. For example, legal education could challenge urbanormative narratives, strengthen preparation for rural practice, and recruit students likely to return to rural communities. They urge law schools and policy makers to prioritize investing in attracting well-trained attorneys to rural areas to ensure adequate provision of criminal legal services in rural Washington.